§51-9-8. Retirement upon disability.
(a) Whenever a judge of a court of record of this state, who
is not disqualified from participation herein as provided in
section five of this article, who shall have served for ten full
years, or if over the age of sixty-five years, who shall have
served at least six years as a judge of a court of record, shall
become physically or mentally incapacitated to perform the duties
of his or her office as judge during the remainder of his or her
term and shall make a written application to the governor for his
or her retirement, setting forth the nature and extent of his or
her disability and tendering his or her resignation as such judge
upon condition that upon its acceptance he or she be retired with
pay under the provisions of this article, the governor shall make
such investigation as the governor shall deem advisable and, if
the governor shall determine that such disability exists and that
the public service is suffering and will continue to suffer by
reason of such disability, the governor shall thereupon accept the
resignation and, by written order filed in the office of the
secretary of state, direct the retirement of the judge for the
unexpired portion of the term for which such judge was elected or
appointed. The secretary of state shall thereupon file a certified
copy of such order with the state auditor. When so accepted, said
resignation shall create a vacancy in such office of judge, which
shall be filled by appointment or election as provided by law. The
retired judge shall thereupon be paid annual retirement pay during
the remainder of his or her unexpired term in an amount equal to
the annual salary he or she was receiving at the time of his or her disability retirement, which annual retirement pay, so long as it
shall be paid to him or her, shall be in lieu of any and all
retirement benefits such judge may otherwise have received under
provisions of this article: Provided, That when the payment of
such full salary as disability retirement pay shall have terminated
with the close of his or her term of office, such judge, even
though he or she shall not have arrived at the age of sixty-five
years, shall, so long as the disability determined by the governor
continues to exist, be paid the retirement benefits for which
provision is made in section six of this article: Provided,
however, That in the event any such judge shall die during the
continuation of his or her disability, then such judge's surviving
spouse shall receive the benefits to which he or she would have
been entitled pursuant to the provisions of section six-b of this
article and subject to the limitations thereon: Provided further,
That any judge becoming a new member of this retirement system on
or after the first day of April, one thousand nine hundred
eighty-seven, and retiring upon disability retirement subsequent to
such date shall be paid upon the basis of seventy-five percent of
highest annual salary, with allowable salary increase, as provided
in section six of this article during all disability retirement
receipt periods.

(b) Any other provision of this section to the contrary
notwithstanding, no judge shall be eligible pursuant to this
section unless such judge is also disabled to such an extent so as
to preclude such judge from engaging in the practice of law during
all of the period of such disability.